Category Archives: Arbitration

Consumer Clinical Law Professors Comment on CFPB’s Arbitration Rule

by Jeff Sovern I meant to post this a long time ago, but then I got caught up teaching an intensive class, followed by an overload and didn't get to it. Anyway, here is a comment on the CFPB's proposed arbitration rule posted by law professors teaching consumer law clinics (we had previously covered a law […]

Wells Fargo Debacle Increases Visibility of Arbitration Clauses in National Politics

Hillary Clinton gave a speech today in which she hit Wells Fargo's use of arbitration clauses, among other things.  Some excerpts: [T]he Wells Fargo scandal shed light on another threat to consumers that we have to address. When the scams victims, people like you and me who had accounts there tried to sue, they were […]

Media Reports on How Wells Fargo’s Arbitration Clauses Might Block Consumers from Obtaining Compensation

Here is the Consumer Reports story.  Excerpt: If a bank employee opens fake accounts and credit cards in your name, as recently happened at Wells Fargo, you may be charged fees for those fake accounts, which you didn't pay because you didn't know the accounts existed. And since you didn't pay those fees, your credit report […]

Debate Moderators: Don’t Forget About Consumer Protection

by Jeff Sovern The country faces many issues which merit attention during the debates. Among them is consumer protection.  Failures of consumer law contributed to 2008's Great Recession.  Consumer protection is regularly in the headlines (just ask Wells Fargo or Volkswagen).  The choice of the next president is likely to have a huge impact on consumer […]

What I Learned From Listening to Wells Fargo’s CEO Stumpf Testify (and to Senator Warren’s and Brown’s Questions)

by Jeff Sovern As we noted yesterday, on Tuesday, Wells Fargo CEO John G. Stumpf testified before the Senate Banking Committee about the Wells Fargo Customer Fraud Fiasco.  Video is available here and Senator Elizabeth Warren's two rounds of questioning, by themselves, here. I have now listened to Mr. Stumpf's testimony, and I learned that Wells engaged in cross-selling to […]

Did Arbitration Clauses Help Wells Fargo Get Away With Account Opening Frauds for Years?

That's a point made in an op-ed in The Hill, Why Wells Fargo Got Away with It So Long by Public Citizen's Robert Weissman and AFR's Lisa Donner.  The whole piece is worth reading, but here's an excerpt: [M]ore than three years ago, a Wells Fargo customer named David Douglas sued in California, contending that the bank's employees […]

A Question I Would Like to See Asked at the Senate Wells Fargo Hearing Tomorrow: Will Wells Invoke its Arbitration Clause to Prevent Consumers From Litigating their Claims Against Wells?

by Jeff Sovern Tomorrow, the Senate Banking Committee will hold a hearing on the Wells Fargo unauthorized accounts fiasco.  The first witness will be Wells' Chairman and  CEO, John G. Stumpf.  I hope some Senator asks Mr. Stumpf about the Wells Fargo arbitration clause.  Some class actions have already been filed against Wells, and Wells' […]

House Financial Services Committtee Votes to Cripple CFPB Right After CFPB Punishes Wells Fargo for Opening Phony Consumer Accounts

by Jeff Sovern As has been widely reported, last week the CFPB fined Wells Fargo $100 million for setting up phony accounts in consumers' names.  But that didn't stop the House Financial Services Committee from voting yesterday on a largely party-line vote to adopt the Financial Choice Act, which would gut the Bureau. According to Law360, the […]

Employer’s Lawyer Explains That Arbitrators Favor Employers Out of Self-Interest

Irvine lawyer Greg Labate is quoted in the Orange County Register: Labate advises clients to get their employees to sign arbitration agreements, waiving their right to sue in court, and sending disputes to privately hired arbitrators. * * * “People question whether arbitration tends to favor employers,” Labate told a [Professionals in Human Resources Association] […]